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Can I Include My Pets in My Will?

Posted by Anthony Serra | Aug 21, 2024 | 0 Comments

Understanding Pet Ownership and Wills

When planning your estate, you might wonder whether you can include provisions for your pets in your will. Pets are considered property under the law, and while you cannot leave money directly to them (although some people have tried 😊), you can ensure their care through specific legal arrangements.

 

Setting Up a Pet Trust

One effective way to provide for your pets after your passing is by setting up a pet trust. This legal arrangement allows you to allocate funds specifically for the care of your pets. You can designate a trustee to manage these funds and ensure they are used according to your wishes. The trust can include detailed instructions about your pet's care, from veterinary needs to maintaining their daily routines.

 

Appointing a Caretaker

In addition to setting up a trust, you should appoint a caretaker in your will. This person will be responsible for your pet's day-to-day care. They will also take custody of your pet. Choose someone who is willing and capable of taking on this responsibility. Keep in mind that even though you name someone in your will to serve as trustee, that does not mean they must serve in that capacity. It's wise, therefore, to name one or two alternate caretakers in case your first choice is unable or unwilling to fulfill the role.

 

Including Pet Care Provisions in Your Will

You can include specific provisions in your will regarding your pet's care without setting up a formal trust. While these provisions are not as enforceable as a pet trust, they can serve as a guideline for your executor and caretaker. Clearly outline your expectations and any financial support you are providing for your pet's needs.

 

Communicating Your Wishes

It is a good idea to discuss your plans with the designated caretaker and trustee beforehand. Ensure they understand and agree to their roles. This communication can prevent confusion and ensure that your pets are cared for according to your wishes.

 

Conclusion

Including your pets in your will requires careful planning and legal guidance. By setting up a pet trust, appointing a reliable caretaker, and clearly outlining your wishes and the amount of money you wish to allocate for this endeavor, you can provide for your pets' future and ensure they receive the care they deserve when you are no longer around to do so.

About the Author

Anthony Serra

Tony Serra is a passionate advocate, especially for the elderly, disabled and those of modest means who need the services of an experienced and caring attorney. For more than 30 years, Tony has been helping common, everyday folks navigate their way through life's turbulent waters. Through innovation and utilizing modern technology, Tony and his law firm are now able to offer quality legal services that at one time were prohibitively expensive, at a fraction of the cost. If you need basic legal services, such as a Will, Power of Attorney, Living Will, Special Needs Trust, real estate transactions, uncontested guardianship pleadings and much more, please visit our website and our SMART LAW legal services platform. You will be pleasantly surprised by what we offer and glad you did! Tony is also an experienced mediator and founder of the Conflict Resolution Center of NJ. Tony has specific training in family matters as well as elder law and contested guardianship and estate cases.  

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